H.R. 6663

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6663 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 6663

To amend the Higher Education Act of 1965 to ensure that public 
institutions of higher education eschew policies that improperly 
constrain the expressive rights of students, and to ensure that private 
institutions of higher education are transparent about, and responsible 
for, their chosen speech policies.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 11, 2025

Mr. Murphy introduced the following bill; which was referred to the 
Committee on Education and Workforce

_______________________________________________________________________

A BILL

To amend the Higher Education Act of 1965 to ensure that public 
institutions of higher education eschew policies that improperly 
constrain the expressive rights of students, and to ensure that private 
institutions of higher education are transparent about, and responsible 
for, their chosen speech policies.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Campus Free Speech Restoration 
Act''.

SEC. 2. PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS.

Section 112(a) of the Higher Education Act of 1965 (20 U.S.C. 
1011a(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) It is the sense of Congress that--
``(A) every individual should be free to profess, and to 
maintain, the opinion of such individual in matters of religion 
or philosophy, and that professing or maintaining such opinion 
should in no way diminish, enlarge, or affect the civil 
liberties or rights of such individual on the campus of an 
institution of higher education;
``(B) no public institution of higher education directly or 
indirectly receiving financial assistance under this Act should 
limit religious expression, free expression, or any other 
rights provided under the First Amendment to the Constitution 
of the United States;
``(C) free speech zones and restrictive speech codes are 
inherently at odds with the freedom of speech guaranteed by the 
First Amendment to the Constitution of the United States;
``(D) bias reporting systems are susceptible to abuses that 
may put them at odds with the freedom of speech guaranteed by 
the First Amendment to the Constitution of the United States; 
and
``(E) no public institution of higher education directly or 
indirectly receiving financial assistance under this Act should 
restrict the speech of such institution's students through 
improperly restrictive zones, codes, or bias reporting 
systems.''.

SEC. 3. CAMPUS SPEECH POLICIES AT INSTITUTIONS OF HIGHER EDUCATION.

Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
seq.) is amended--
(1) in section 487(a), by adding at the end the following:
``(30)(A) In the case of a public institution (other than 
an institution described in section 494A(b)(4)), the 
institution will comply with the expressive activity 
protections described in section 494A.
``(B) In the case of a private institution (other than an 
institution described in section 494B(e)), the institution will 
comply with the expressive activity requirements described in 
section 494B.''; and
(2) in part G, by adding at the end the following:

``SEC. 494A. CAMPUS SPEECH POLICIES AT PUBLIC UNIVERSITIES.

``(a) Definition of Expressive Activities.--
``(1) In general.--In this section, the term `expressive 
activity' includes--
``(A) peacefully assembling, protesting, speaking, 
or listening;
``(B) distributing literature;
``(C) carrying a sign;
``(D) circulating a petition; or
``(E) other expressive rights guaranteed under the 
First Amendment to the Constitution of the United 
States, including religious rights.
``(2) Exclusions.--In this section, the term `expressive 
activity' does not include unprotected speech (as defined by 
the precedents of the Supreme Court of the United States).
``(b) Expressive Activities at an Institution.--
``(1) In general.--Each public institution of higher 
education participating in a program under this title may not 
prohibit, subject to paragraph (2), a person from freely 
engaging in noncommercial expressive activity in a generally 
accessible area on the institution's campus if the person's 
conduct is lawful.
``(2) Restrictions.--An institution of higher education 
described in paragraph (1) may not maintain or enforce time, 
place, or manner restrictions on an expressive activity in a 
generally accessible area of the institution's campus unless 
the restriction--
``(A) is necessary to achieve a compelling 
governmental interest;
``(B) is the least restrictive means of furthering 
that compelling governmental interest;
``(C) is based on published, content-neutral, and 
viewpoint-neutral criteria;
``(D) leaves open ample alternative channels for 
communication; and
``(E) provides for spontaneous assembly and 
distribution of literature.
``(3) Application.--The protections provided under 
paragraph (1) do not apply to expressive activity in an area on 
an institution's campus that is not a generally accessible 
area.
``(4) Nonapplication to service academies.--This section 
shall not apply to an institution of higher education whose 
primary purpose is the training of individuals for the military 
services of the United States, or the merchant marine.
``(c) Causes of Action.--
``(1) Authorization.--The following persons may bring an 
action in a Federal court of competent jurisdiction to enjoin a 
violation of subsection (b) or to recover compensatory damages, 
reasonable court costs, or reasonable attorney fees:
``(A) The Attorney General.
``(B) A person claiming that the person's 
expressive activity rights, as described in subsection 
(b)(1), were violated.
``(2) Actions.--Notwithstanding any other provision of law, 
in an action brought under this section, the Federal court 
shall decide de novo all relevant questions of fact and law, 
including the interpretation of constitutional, statutory, and 
regulatory provisions, unless the parties stipulate otherwise. 
In an action brought under this subsection, if the court finds 
a violation of subsection (b), the court--
``(A) shall--
``(i) enjoin the violation; and
``(ii) if a person whose expressive 
activity rights were violated brought the 
action, award the person--
``(I) not less than $500 for an 
initial violation; and
``(II) if the person notifies the 
institution of the violation, $50 for 
each day the violation continues after 
the notification if the institution did 
not act to discontinue the cause of the 
violation; and
``(B) may award a prevailing plaintiff--
``(i) compensatory damages;
``(ii) reasonable court costs; or
``(iii) reasonable attorney fees.
``(3) Basis for enactment.--This subsection is enacted as 
an exercise of the enforcement power of the Congress under 
section 5 of the Fourteenth Amendment to the Constitution to 
protect expressive activities.
``(d) Statute of Limitations.--
``(1) In general.--Except as provided in paragraph (3), an 
action under subsection (c) may not be brought later than 1 
year after the date of the violation.
``(2) Continuing violation.--Each day that a violation of 
subsection (b) continues after an initial violation of 
subsection (b), and each day that an institution's policy in 
violation of subsection (b) remains in effect, shall constitute 
a continuing violation of subsection (b).
``(3) Extension.--For a continuing violation described in 
paragraph (2), the limitation described in paragraph (1) shall 
extend to 1 year after the date on which the most recent 
violation occurs.
``(e) Federal Review of Speech Policies.--
``(1) No eligibility for funds.--
``(A) In general.--No public institution of higher 
education shall be eligible to receive funds under this 
Act, including participation in any program under this 
title, if the Secretary determines that the 
institution--
``(i) maintains a policy that infringes 
upon the expressive rights of students under 
the First Amendment to the Constitution of the 
United States; or
``(ii) maintains or enforces time, place, 
or manner restrictions on an expressive 
activity in a generally accessible area of the 
institution's campus that do not comply with 
subparagraphs (A) through (E) of subsection 
(b)(2).
``(B) Prohibition.--The Secretary may not conduct 
an investigation for purposes of making a determination 
under subparagraph (A) with respect to an institution 
of higher education, unless such an investigation is 
conducted under paragraph (4) with respect to a 
complaint received under paragraph (2).
``(C) Court review.--Notwithstanding any other 
provision of law, the Secretary's determinations under 
this subsection shall be reviewed de novo with respect 
to all relevant questions of fact and law, including 
the interpretation of constitutional, statutory, and 
regulatory provisions, unless the parties stipulate 
otherwise.
``(2) Designation of an employee to receive complaints.--
The Secretary shall designate an employee in the Office of 
Postsecondary Education of the Department to receive complaints 
(whether electronically or by mail) from students or student 
organizations at a given public institution of higher 
education, or from any other person or organization, regarding 
policies at the institution that meet the description of clause 
(i) or (ii) of paragraph (1)(A).
``(3) Complaint.--A complaint submitted under subparagraph 
(2)--
``(A) shall include the provision of the 
institution's policy the complainant believes meets the 
description of clause (i) or (ii) of paragraph (1)(A), 
along with any evidence regarding the operation and 
enforcement of such policy the complainant deems 
relevant; and
``(B) may include an argument and any other 
supplemental information as to why the policy in 
question meets such description.
``(4) System of review.--
``(A) First stage review.--
``(i) Request for response.--Not later than 
7 days after the date of receipt of a complaint 
under paragraph (2), the Secretary shall review 
the complaint and request a response to the 
complaint from the institution.
``(ii) Institution response.--Not later 
than 30 days after the date the Secretary 
requests a response under clause (i), the 
institution shall--
``(I) certify to the Secretary that 
the institution has entirely withdrawn 
the policy that occasioned the 
complaint;
``(II) submit a revised policy for 
review by the Secretary; or
``(III) submit a defense of the 
policy that occasioned the complaint.
``(iii) Availability to complainant.--
``(I) In general.--Not later than 7 
days after the date of receipt of a 
revised policy or defense of the 
original policy as submitted by the 
institution pursuant to clause (ii), 
the Secretary shall make available to 
the complainant a copy of such revised 
policy or defense.
``(II) Response by complainant.--
Not later than 60 days after the date 
of receipt of a revised policy or 
defense of the original policy under 
subclause (I), the complainant may 
submit to the Secretary a response to 
the revised policy or defense of the 
original policy.
``(III) Submission to the 
institution of response.--Not later 
than 7 days after the date of receipt 
of a response under subclause (II), the 
Secretary shall submit to the 
institution a copy of such response.
``(iv) Determinations.--If the institution 
declines to entirely withdraw the policy that 
occasioned the complaint and either submits a 
revised policy for review or submits a defense 
of the policy that occasioned the complaint, 
the Secretary shall, not later than 60 days 
after the date of the deadline for a response 
by the complaint as described in clause 
(iii)(II), make one of the following 
determinations:
``(I) Determine that the complaint 
in question has insufficient merit to 
proceed to Second Stage Review 
described in subparagraph (B).
``(II) Determine that the complaint 
in question has sufficient merit to 
proceed to Second Stage Review 
described in subparagraph (B).
``(v) Notification.--Not later than 7 days 
after the date the Secretary makes a 
determination under clause (iv), the Secretary 
shall notify the institution and the 
complainant of such determination.
``(vi) End.--The determination under clause 
(iv) shall constitute the end of First Stage 
Review.
``(B) Second stage review.--
``(i) In general.--In a Second Stage 
Review, the Secretary shall notify the 
institution and the complainant of the 
commencement of the Second Stage Review, and 
shall give the institution the option of 
entirely withdrawing the policy that occasioned 
the complaint or submitting a revised policy 
for review within 30 days of the commencement 
of the Second Stage Review. In such 
notification submitted to the institution and 
complainant, the Secretary shall indicate the 
relevant sections of the institution's policy 
in question and explain why these sections may 
be out of compliance.
``(ii) Determination.--Not later than 90 
days from the commencement of the Second Stage 
Review, the Secretary shall determine whether 
the policy that occasioned the complaint, or 
the revised policy submitted during the First 
Stage Review, or the revised policy submitted 
within the first 30 days of the Second Stage 
Review, is in violation of student rights under 
the First Amendment to the Constitution of the 
United States or of the restrictions on the 
regulation of speech by time, place, and manner 
set forth in this section, thereby ending 
Second Stage Review.
``(iii) Investigation.--During Second Stage 
Review, the Secretary may conduct an 
investigation in which further information may 
be sought or requested from the complainant, 
the institution, or any other pertinent source.
``(iv) Certification of withdrawal.--At any 
point during the Second Stage Review, the 
institution in question may certify to the 
Secretary that it has entirely withdrawn the 
policy that occasioned the complaint, thereby 
ending the Second Stage Review.
``(v) Notification and justification.--If 
the Secretary determines by the conclusion of 
Second Stage Review that the policy that 
occasioned the complaint or the revised policy 
submitted for review during First Stage Review 
or Second Stage Review is consistent with the 
expressive rights of students under the First 
Amendment to the Constitution of the United 
States and the restrictions on the regulation 
of speech by time, place, and manner set forth 
in this Act--
``(I) the Secretary shall notify 
the complainant and the institution of 
such determination not more than 7 days 
after the date of the determination; 
and
``(II) the Secretary shall explain 
and justify such determination in a 
written decision citing relevant legal 
precedent, copies of which shall be 
sent to the complainant, the 
institution, the authorizing 
committees, and made available for 
public inspection, including for online 
reading by the public.
``(C) Determination that institution is out of 
compliance.--
``(i) In general.--If, upon completion of 
the Second Stage Review, the Secretary 
determines that the policy that occasioned the 
complaint, or the revised policy submitted for 
review during the First Stage Review or Second 
Stage Review, violates the First Amendment to 
the Constitution of the United States or the 
restrictions on the regulation of speech set 
forth in this section, the Secretary shall 
notify the complainant and the institution not 
more than 7 days after the date of completion 
of Second Stage Review that the institution is 
out of compliance with the requirements for 
receiving funds under this Act, including 
participation in any program under this title, 
but will be granted a grace period of 120 days 
to return to compliance before being formally 
stripped of eligibility.
``(ii) Posting; explanation; final 
review.--As part of the notification under 
clause (i), the Secretary shall--
``(I) require the institution to 
post the determination of the Secretary 
on the website of the institution 
within 2 clicks of the homepage, 
without a paywall, email login, or 
other restriction to access;
``(II) explain and justify the 
determination of the Secretary in a 
written decision citing relevant legal 
precedent, copies of which shall be 
sent to the complainant, the 
institution, the authorizing 
committees, and made available for 
public inspection, including for online 
reading by the public; and
``(III) inform the institution that 
Final Review has begun and that the 
institution must either certify to the 
Secretary that it has entirely 
withdrawn the policy that occasioned 
the complaint, or submit a revised 
policy for review to the Secretary not 
later than 60 days after the date of 
receipt of notice of the conclusion of 
Second Stage Review.
``(D) Final review.--
``(i) In general.--If an institution 
submits a revised policy for review as 
described in subparagraph (C)(ii)(III), the 
Secretary shall review such revised policy and 
determine not later than 120 days after the 
date of commencement of Final Review whether 
the revised policy is consistent with the 
expressive rights of students under the First 
Amendment to the Constitution of the United 
States and with the restrictions on the 
regulation of speech by time, place, and manner 
set forth in this section.
``(ii) Determination of compliance.--If the 
Secretary determines, as described in clause 
(i), that the revised policy is consistent with 
the expressive rights of students under the 
First Amendment to the Constitution of the 
United States and with the restrictions on the 
regulation of speech by time, place, and manner 
set forth in this section, the Secretary shall 
notify the complainant and the institution of 
such determination not more than 7 days after 
the date the determination is made, thereby 
ending the final Stage Review.
``(iii) Determination of violation.--If the 
Secretary determines, as described in clause 
(i), that the revised policy violates the 
expressive rights of students under the First 
Amendment to the Constitution of the United 
States or the restrictions on the regulation of 
speech by time, place, and manner set forth in 
this section, the Secretary shall--
``(I) notify the complainant and 
the institution of such determination 
not more than 7 days after the date the 
determination is made, thereby ending 
the final Stage Review; and
``(II) explain and justify the 
determination in a written decision 
citing relevant legal precedent, copies 
of which shall be sent to the 
complainant, the institution, and made 
available for public inspection, 
including for online reading by the 
public.
``(E) Loss of eligibility.--
``(i) In general.--If the Secretary 
determines, during the Final Stage Review, that 
the institution's policy in question violates 
the expressive rights of students under the 
First Amendment to the Constitution of the 
United States or the restrictions on the 
regulation of speech by time, place, and manner 
set forth in this section, the Secretary 
shall--
``(I) notify the complainant and 
the institution not more than 7 days 
after the date of the determination 
that the institution will lose 
eligibility to receive funds under this 
Act, including participation in any 
program under this title, in accordance 
with this subparagraph;
``(II) notify the institution that 
the loss of eligibility shall take 
effect beginning with any student 
notified of acceptance for admission to 
the institution during the award year 
subsequent to the award year during 
which the determination is made, and 
that no restoration of eligibility for 
ineligible students in subsequent award 
years will occur prior to the beginning 
of the third award year subsequent to 
the award year during which the 
determination is made;
``(III) explain and justify the 
determination in a written decision 
citing relevant legal precedent, copies 
of which shall be sent to the 
complainant, the institution, the 
authorizing committees, and made 
available for public inspection, 
including for online reading by the 
public; and
``(IV) require the institution to 
post the determination of the Secretary 
on the website of the institution, 
within two clicks of the homepage, 
without a paywall, email login, or 
other restriction to access.
``(ii) Continued eligibility.--Each student 
enrolled at the institution during the award 
year in which eligibility is lost as described 
in this subparagraph, and each student notified 
of acceptance for admission to the institution 
during the award year in which eligibility is 
lost as described in this subparagraph, shall 
continue to be eligible to participate, through 
the institution, in programs funded under this 
Act during the 3-year period after the date of 
the loss of eligibility.
``(F) Restoration of eligibility.--
``(i) In general.--Not later than 7 days 
after the loss of eligibility under 
subparagraph (E), the Secretary shall inform 
the institution that the institution may 
restore eligibility, either by certifying to 
the Secretary that the institution has entirely 
withdrawn the policy that precipitated loss of 
eligibility, or by submitting a revised policy 
for review at any time following the failure of 
the Final Review.
``(ii) Review of revised policy.--The 
Secretary shall review a revised policy 
submitted for review after the loss of 
eligibility and determine not later than 120 
days after the date the revised policy is 
submitted whether such policy is consistent 
with the expressive rights of students under 
the First Amendment to the Constitution of the 
United States and with the restrictions on the 
regulation of speech by time, place, and manner 
set forth in this Act.
``(iii) Investigation.--While conducting a 
review to restore eligibility under this 
subparagraph, the Secretary may conduct an 
investigation in which further information may 
be sought or requested from the institution, or 
any other source the Secretary determines 
pertinent.
``(iv) Written decision.--In making a 
determination of whether a revised policy 
submitted for review after the loss of 
eligibility is either consistent or 
inconsistent with the expressive rights of 
students under the First Amendment to the 
Constitution of the United States and with the 
restrictions on the regulation of speech by 
time, place, and manner set forth in this Act, 
the Secretary shall explain and justify the 
determination in a written decision citing 
relevant legal precedent, copies of which shall 
be sent to the complainant, the institution, 
the authorizing committees, and made available 
for public inspection, including for online 
reading by the public.
``(v) Limit on review.--The Secretary may 
conduct not more than 1 review to restore 
eligibility for a single institution in any 
given award year.
``(vi) Restoration.--If an institution 
certifies to the Secretary that the policy that 
precipitated the loss of eligibility has been 
entirely withdrawn, or if Secretary determines 
that the revised policy submitted for review is 
consistent with the expressive rights of 
students under the First Amendment to the 
Constitution of the United States and with the 
restrictions on the regulation of speech by 
time, place, and manner set forth in this 
section, the institution's eligibility to 
receive funds under this Act, including 
participation in any program under this title, 
shall be restored not earlier than the 
beginning of the third award year following the 
year in which notification of loss of 
eligibility was received.
``(G) Good faith representation.--
``(i) In general.--The Secretary shall 
inform any institution undergoing review of its 
campus speech policies that it expects the 
institution to represent its policies, along 
with any proposed revisions in such policies, 
in good faith.
``(ii) Misrepresentation.--
``(I) Complaints.--A student, 
student organization, or any other 
person or organization may file, with 
the employee in the Office of 
Postsecondary Education of the 
Department designated by the Secretary 
under paragraph (2) to receive 
complaints, a complaint that an 
institution has substantially 
misrepresented its speech policies, or 
withheld information requested by the 
Secretary during an investigation, or 
attempted to circumvent the review 
process by reinstituting a policy under 
review in a substantially similar form 
without informing the Secretary.
``(II) Loss of eligibility.--If the 
Secretary determines upon 
investigation, or after receiving a 
complaint under subclause (I), that an 
institution has substantially 
misrepresented its speech policies, or 
withheld information requested by the 
Secretary during an investigation, or 
attempted to circumvent the review 
process by reinstituting a policy under 
review in a substantially similar form 
without informing the Secretary, the 
institution shall lose eligibility to 
receive funds under this Act, including 
participation in any program under this 
title.
``(iii) Loss of eligibility.--If an 
institution loses eligibility under clause 
(ii), the Secretary shall notify the 
institution, not later than 7 days after the 
determination, that the loss of eligibility 
shall take effect beginning with any student 
notified of acceptance for admission to the 
institution during the award year subsequent to 
the award year during which the determination 
is made, and that no restoration of eligibility 
for students admitted in subsequent award years 
will occur prior to the beginning of the third 
award year subsequent to the award year during 
which the determination is made.
``(f) Retaliation Prohibited.--
``(1) In general.--No person may intimidate, threaten, 
coerce, or discriminate against any individual because the 
individual has made a report or complaint, testified, assisted, 
or participated or refused to participate in any manner in an 
investigation, proceeding, or hearing under this section.
``(2) Specific circumstances.--
``(A) Exercise of first amendment rights.--The 
exercise of rights protected under the First Amendment 
to the Constitution of the United States does not 
constitute retaliation prohibited under paragraph (1).
``(B) Code of conduct violation for materially 
false statement.--Charging an individual with a code of 
conduct violation for making a materially false 
statement in bad faith in the course of a grievance 
proceeding under this section does not constitute 
retaliation prohibited under paragraph (1). A 
determination regarding responsibility, alone, is not 
sufficient to conclude that any party made a materially 
false statement in bad faith.
``(g) Judicial Review.--A public institution of higher education 
participating in a program under this title may seek judicial review of 
an agency action under this section in accordance with chapter 7 of 
title 5, United States Code.

``SEC. 494B. CAMPUS SPEECH POLICIES AT PRIVATE UNIVERSITIES.

``(a) In General.--Each private institution of higher education 
eligible to receive funds under this Act, including any program under 
this title, shall--
``(1) post in one place on the website of the institution 
all policies that pertain to the protection and regulation of 
the expressive rights of students, including the right to 
submit a complaint under this section, within 2 clicks of the 
homepage, without a paywall, email login, or other restriction 
to access; and
``(2) include a copy of such policies in a handbook 
distributed to new students.
``(b) Responsibility for Full Policy Disclosure.--Each private 
institution of higher education described in subsection (a) shall 
include with the copy of the policies described in subsection (a)--
``(1) a statement affirming that all policies pertinent to 
the protection and regulation of the expressive rights of 
students have been disclosed in the manner required by this 
section; and
``(2) a statement affirming that publication of such 
policies as required by this section and instructions for 
students on how to contact the employee designated in the 
Office of Postsecondary Education in the Department under 
subsection (d)(1) to file a complaint.
``(c) Cause of Action.--
``(1) Authorization.--A student claiming that a private 
institution of higher education in which the student is 
enrolled has violated published policy regarding expressive 
rights imposed by this section may bring an action in a Federal 
court of competent jurisdiction to enjoin such violation or to 
recover compensatory damages, reasonable court costs, or 
reasonable attorney fees.
``(2) Actions.--Notwithstanding any other provision of law, 
in an action brought under this subsection, the Federal court 
shall decide de novo all relevant questions of fact and law, 
including the interpretation of constitutional, statutory, and 
regulatory provisions, unless the parties stipulate otherwise. 
In an action brought under this subsection, if the court finds 
a violation of subsection (b), the court--
``(A) shall--
``(i) enjoin the violation; and
``(ii) award the student--
``(I) not less than $500 for an 
initial violation; and
``(II) if the student notifies the 
institution of the violation, $50 for 
each day the violation continues after 
the notification if the institution did 
not act to discontinue the cause of the 
violation; and
``(B) may award a prevailing plaintiff--
``(i) compensatory damages;
``(ii) reasonable court costs; or
``(iii) reasonable attorney fees.
``(d) Secretarial Requirements.--
``(1) Designation of an employee.--The Secretary shall 
designate an employee in the Office of Postsecondary Education 
in the Department who shall--
``(A) receive copies of all complaints pertaining 
to the protection and regulation of the expressive 
rights of students at private institutions of higher 
education that receive funds under this section, 
including any programs under this title;
``(B) preserve all records of such policies for a 
period of not less than 10 years;
``(C) receive complaints from students, student 
organizations, or from any other person or 
organization, that believes a private institution of 
higher education has not disclosed a policy pertaining 
to the protection and regulation of the expressive 
rights of students as required by this section, is 
enforcing a policy pertaining to the expressive rights 
of students that has not been disclosed as required by 
this section, or has failed to make a full policy 
disclosure, for the enforcement of speech policies, as 
required by this section;
``(D) not more than 7 days after the date of 
receipt of a complaint under subparagraph (C), review 
the complaint and request a response from the 
institution;
``(E) undertake an investigation, in response to a 
complaint under subparagraph (C), to determine whether 
a private institution of higher education has failed to 
disclose a policy pertaining to the protection and 
regulation of the expressive rights of students as 
required by this section or is enforcing a policy 
pertaining to the expressive rights of students that 
has not been disclosed as required by this section; and
``(F) determine, not later than 120 days after the 
date of receipt of a complaint, whether the private 
institution of higher education in question has failed 
to disclose a policy pertaining to the protection and 
regulation of the expressive rights of students as 
required by this section or is enforcing a policy 
pertaining to the expressive rights of students that 
has not been disclosed as required by this section.
``(2) Loss of eligibility.--
``(A) In general.--If the Secretary determines that 
a private institution of higher education has failed to 
disclose a policy pertaining to the protection and 
regulation of the expressive rights of students as 
required by this section or is enforcing a policy 
pertaining to the expressive rights of students that 
has not been disclosed as required by this section, the 
Secretary shall notify the institution and the 
complainant, not more than 7 days after the date of 
such determination, that the institution is out of 
compliance with the requirements for receiving funds 
under this Act, including participation in any program 
under this title, but will be granted a grace period of 
60 days to return to compliance before formally losing 
eligibility for receiving funds under this Act, 
including participation in any program under this 
title.
``(B) Specifications in notification.--As part of 
the notification under subparagraph (A), the Secretary 
shall specify which policies need to be disclosed and 
published in order for eligibility to be restored.
``(C) Notification of loss of eligibility.--
``(i) In general.--If the Secretary 
determines that, 60 days after being notified 
that the institution is out of compliance as 
described in subparagraph (A), the institution 
has failed to return to compliance by making 
the appropriate speech policy disclosures, the 
Secretary shall notify the institution and the 
complainant, not more than 7 days after the 
date of such determination--
``(I) that the institution will 
lose eligibility to receive funds under 
this Act, including participation in 
any program under this title;
``(II) that the loss of eligibility 
shall take effect beginning with any 
student notified of acceptance for 
admission to the institution during the 
award year subsequent to the award year 
during which the determination is made, 
and that no restoration of eligibility 
for ineligible students in subsequent 
years will occur prior to the beginning 
of the third award year subsequent to 
the award year during which the 
determination is made; and
``(III) that the institution shall 
post the determination of the Secretary 
on the website of the institution, 
within two clicks of the homepage, 
without a paywall, email login, or 
other restriction to access.
``(ii) Continued eligibility.--Each student 
enrolled at the institution during the award 
year in which eligibility is lost as described 
in this subparagraph, and each student notified 
of acceptance for admission to the institution 
during the award year in which eligibility is 
lost as described in this subparagraph, shall 
continue to be eligible to participate, through 
the institution, in programs funded under this 
Act during the 3-year period after the date of 
the loss of eligibility.
``(3) Restoration of eligibility.--
``(A) In general.--Not later than 7 days after the 
loss of eligibility under paragraph (2), the Secretary 
shall inform the institution that the institution may 
restore eligibility by making the appropriate speech 
policy disclosures, as directed by the Secretary in 
conformity with this section.
``(B) Review.--The Secretary shall review any 
policy disclosures and determine whether the policy 
disclosures are sufficient to restore eligibility for 
receiving funds under this Act, including participation 
in any program under this title, not later than 120 
days after the date of receipt of such disclosures or 
statement.
``(C) Investigation.--While conducting a review to 
restore eligibility under this paragraph, the Secretary 
may conduct an investigation in which further 
information may be sought or requested from the 
institution, or other source pertinent to the case.
``(D) Restoration.--If the Secretary determines 
that the institution under review to restore 
eligibility under this paragraph has made the policy 
disclosures as required by this section, the 
institution's eligibility to receive funds under this 
Act, including participation in any program under this 
title, shall be restored not earlier than the beginning 
of the third award year following the year in which 
notification of loss of eligibility was received.
``(E) Limit on review.--The Secretary may conduct 
not more than 1 review to restore eligibility for a 
single institution in any given award year.
``(4) Prohibition.--The Secretary may not conduct an 
investigation under this subsection for purposes of making a 
determination under paragraph (2)(A) with respect to an 
institution of higher education, unless such an investigation 
is conducted with respect to a complaint received under 
paragraph (1).
``(e) Nonapplication to Certain Institutions.--This section shall 
not apply to an institution of higher education that is controlled by a 
religious organization.
``(f) Judicial Review.--A private institution of higher education 
participating in a program under this title may seek judicial review of 
an agency action under this section in accordance with chapter 7 of 
title 5, United States Code.''.
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